Determinations of navigability of a stream

Under this bill, if DNR makes a determination that a stream or portion of a stream is not navigable and a dam is constructed on the stream that modifies the flow of the stream or portion of the stream as compared to the natural flow of the stream or portion of the stream prior to its construction, and if an artificial impoundment created by the dam is or has been subject to a federal Fish and Wildlife Service Partners for Fish and Wildlife Habitat Development Agreement or similar environmental restoration project, then DNR's ability to change that determination is restricted. Specifically, the bill prohibits DNR from changing its determination of non-navigability with respect to the stream or portion of the stream unless all structures that affect the flow of the stream or portion of the stream are removed, all changes to the stream or land adjacent to the stream that could affect the flow of the stream or portion of the stream are substantially returned to their natural state, and a DNR evaluation of the navigability of the stream or portion of the stream conducted after the first two conditions are met indicates that DNR's determination of navigability should be changed.

The bill also exempts this type of impoundment from laws that regulate the placement of structures on, the deposit of materials on, or the removal of material from the beds of navigable waters and from regulation under shoreland zoning ordinances, wetland zoning ordinances, and construction site erosion control and storm water management zoning ordinances.